Notice Didn't Violate Fair Debt Law

August 31, 2001

LVT Number: 15239

Facts: Tenant sued landlord's law firm, claiming violations of the Fair Debt Collection Practices Act. Landlord's law firm had delivered to tenant landlord's rent demand notice before starting an eviction case based on nonpayment of rent. Tenant claimed that landlord's attorneys acted as debt collectors and didn't follow the procedures required by the law. Landlord asked the court to dismiss the case. Court: Landlord wins. Landlord's attorneys didn't act as debt collectors.

Facts: Tenant sued landlord's law firm, claiming violations of the Fair Debt Collection Practices Act. Landlord's law firm had delivered to tenant landlord's rent demand notice before starting an eviction case based on nonpayment of rent. Tenant claimed that landlord's attorneys acted as debt collectors and didn't follow the procedures required by the law. Landlord asked the court to dismiss the case. Court: Landlord wins. Landlord's attorneys didn't act as debt collectors. They didn't advertise themselves as being in the business of debt collection, didn't maintain a specialty listing as debt collectors in any attorney guide, and got a ''minuscule'' amount of their earnings from delivering such notices to tenants.

Goldstein v. Hutton, Ingram, Yuzek, Gainen, Carroll & Bertolotti: NYLJ, 8/24/01, p. 23, col. 6 (SDNY; Cedarbaum, J)

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